Freer Personal Injury Attorney Serving Duval County, Texas

Most claims begin by documenting injuries, reporting the incident, and preserving evidence such as photos and witness contacts. Seeking medical treatment promptly is essential for both health and proving the extent of injuries. After initial documentation, you can contact an attorney to review the case, advise on insurance communications, and help determine whether settlement negotiations or litigation is the best approach given your circumstances.

Generally, the statute of limitations for personal injury claims in Texas is two years from the date of the injury. Missing this deadline can prevent you from filing a lawsuit to pursue compensation. There are exceptions that can extend or shorten the deadline depending on the facts, such as injuries discovered later or claims against certain government entities. Consult an attorney promptly to protect your rights.

Providing basic facts is often necessary, but avoid giving recorded statements or admitting fault without legal advice. Insurers may use statements to minimize or deny claims. An attorney can guide communications and, if appropriate, handle negotiations so your statements do not inadvertently weaken your position or reduce potential recovery.

Compensation may include past and future medical expenses, lost wages, reduced earning capacity, and damages for pain and suffering. The amount depends on the severity of injuries and evidence of loss. Documentation of medical treatment, income records, and expert opinions can support claims for both economic and non-economic damages when negotiating with insurers or presenting a case in court.

Many claims settle before a lawsuit is filed or before trial, but settlement requires a fair offer and effective negotiation. Litigation becomes necessary if the insurer refuses to offer appropriate compensation. Preparing for court strengthens your negotiating position. If a settlement cannot be reached, pursuing a lawsuit allows a judge or jury to decide on compensation based on the evidence presented.

Seek treatment through your health insurance, Medicaid, or Medicare where possible. In some cases, medical providers may agree to treat on a lien, deferring payment until your claim resolves. An attorney can communicate with providers and insurers to coordinate payments and help ensure medical costs are documented and considered when calculating a settlement demand.

Texas follows a modified comparative fault rule that can reduce recovery based on your percentage of fault, and recovery may be barred if you are 51% or more at fault. Your damages will be adjusted to reflect your share of responsibility. Determining fault often requires careful investigation. Even if you bear some responsibility, you may still recover compensation if the other party’s negligence contributed to the incident.

Resolution timelines vary widely. Simple claims may settle in a few months, while complex cases with serious injuries or contested liability can take a year or longer, especially if litigation is required. Factors influencing timing include the completeness of medical treatment, speed of evidence gathering, and willingness of insurers to negotiate. Ongoing communication about timelines helps manage expectations.

Bring any medical records and bills, accident reports, photographs, correspondence from insurers, and contact information for witnesses. A timeline of events and notes about symptoms also help evaluate the case quickly. If you do not have some documents, provide as much detail as possible during the meeting so the attorney can identify needed records and next steps to preserve evidence and move the claim forward.

Many personal injury attorneys work on a contingency fee basis, meaning fees are a percentage of the recovery and are only charged if you obtain compensation. Discuss the fee arrangement and any additional costs upfront. Contingency arrangements align interests and allow access to legal representation without an upfront fee. Make sure you understand how expenses, court costs, and fee percentages are handled before moving forward.